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During the execution of a search warrant Tuesday at a residence on Junction Road, Pavilion, investigators allegedly found a quantity of psilocybin mushrooms, a quantity of mushrooms and some drug paraphernalia.

The resident, Richard T. Bairton, 52, was charged with criminal possession of a controlled substance in the 5th degree.

The execution of the search warrant was handled by uniformed members of the Sheriff's Office and assisted by the Local Drug Enforcement Task Force.

Bairton was jailed on $25,000 bail.

Speaking of butterflies, Brian Schollard sent in these two pictures of an Eastern tiger swallowtail from his garden. He said "My wife and I planted two butterfly bushes last fall. They were, I thought, killed off this spring, but happily they came back and are working nicely!"

Press release:

City residents and those who work in the city are asked to provide input to the Batavia City Council through a Citizen Survey posted on the city’s Web site at www.batavianewyork.com.

Two years ago the city conducted a citizen survey to gauge how citizens perceive the quality of several city services. The survey also inquired as to whether citizens plan to remain in Batavia in five years and provided an area for general comments.

The data received from the survey was used to develop the city’s Strategic and Business Plan. Last year was an overwhelming success for our first year of implementation as the city achieved or exceeded nearly all of its identified performance measurements and key intended outcomes.

The results of the 2012 survey will again provide the city with information for its strategic planning process 2013 – 2015.

“This past year has been an enormous success for our city,” said City Manager Jason Molino. “It is important that we continue this planning process moving forward, and getting input from our citizens and workforce is vital to the planning success.”

The online survey can be viewed using any computer with Internet access. To find the survey, an individual will need to go to www.batavianewyork.com and click on the link labeled, “Citizen Survey.”

This link will take you directly to the survey which can be filled out online and submitted by the click of a button upon completion. All residents and those working in the city can take the survey, and the survey can be accessed more than once by eligible members of the same household.

For individuals without computer access, the Richmond Memorial Library is encouraging Batavia residents to utilize its free Internet service to take the survey. The library offers several computer terminals from which the survey can be taken. The service is free, however individuals must sign up to become a library member.

Membership to the Richmond Memorial Library is free and requires only a few minutes to provide some basic information. Summer library hours are: 9 a.m. to 9 p.m. Monday – Thursday; 9 a.m. to 5 p.m. Friday and Saturday.

Residents can also pick up and submit a hard copy of the survey from the city clerk’s office at city hall.

Press release:

In an effort to better serve and protect the citizens of Genesee County, Sheriff Gary T. Maha in conjunction with more than 30 county sheriffs and the New York State Sheriffs’ Association are offering the Yellow Dot Program.

Yellow Dot is a free program available to individuals of all ages that was designed to help first responders provide lifesaving medical attention during the first “golden hour” after a crash or other emergency.

The program has launched in 30 counties across the state.

“When you can’t speak for yourself, Yellow Dot can speak for you,” said Peter Kehoe, executive director of the sheriffs’ association.

The Yellow Dot kit contains a medical information card and a Yellow Dot decal. Participants complete the card, attach a recent photo, place it in the glove compartment of their vehicle, and place the Yellow Dot decal on the rear driver’s side window.

First responders arriving at the scene of an emergency will be alerted by the Yellow Dot decal to look for the medical information card in the glove compartment.  

To obtain a Yellow Dot kit, contact Carolyn Della Penna at the Genesee County Sheriff’s Office at 345-3000, ext. 3510, or visit www.nysheriffs.org/yellowdot.

Yellow Dot materials will also be available at Genesee County fire departments.

The New York State Sheriffs’ Association, Inc., is a not-for-profit corporation, formed in 1934, for the purpose of assisting sheriffs in the efficient and effective delivery of sheriffs’ services to the public. It comprises all of the elected and appointed sheriffs of New York State.

Yellow Dot was started in Connecticut in 2002 by People’s United Bank. Originally developed for senior citizens, the program can be used by anyone of any age.

Deputies investigating suspicious activity last night reportedly found a pair of Attica men in possession of a loaded, sawed-off shotgun at a residence in Pembroke.

Both men reportedly have prior criminal convictions.

Charged with criminal possession of a weapon were Benjamin Lambert, 36, and Kayla Tyoe, 23.

Lambert and Tyoe were jailed pending further proceedings.

On Memorial Day I took a minute to read the names on the World War I monument in Williams Park.

My assumption was, these where the names of people killed in combat, so when two, possibly three, names looked like the names of women, I was curious as to who they were.

I contacted Susan Conklin, Genesee County historian and records management officer, to see if she knew anything about the monument. She asked me to get the names, which I finally got around to doing for her earlier this week.

Here are the three names that got my attention:

Elva Springer, Florence Carney and Cecelia Cochran.

It turns about both Springer and Carney were men who served in the Marine Corps and Army.

The first name of Springer, a resident of 12 Fisher Park, is also spelled Alva. He was wounded in action some time prior to May 1, 1918. His death as a result of his wounds was reported locally Nov. 22, 1918.

According to a newspaper article from May 1, 1918, Springer was the son of John Springer, who by that time had moved to New York City. John Springer worked for the Batavia Rubber Company. His son had worked for him prior to enlistment.The article says "he was well known among young people here."

Carney, middle name Vincent, was among the first men drafted on Feb. 7, 1918.  He lived at 26 Russell Place. His death was reported Oct. 15, 1918 from pneumonia at Camp Aberdeen.

Miss Cecelia Josephine Cochran, the lone woman listed on the monument, was the daughter of Capt. and Mrs. Elliott P. Cochran of 17 Vernon Ave., Batavia. She had been a nurse in Rochester. She left Batavia Sept. 30, 1918 as a volunteer nurse for the United States Public Health Service. The family was notified Oct. 14, 1918 that she was quite ill with pneumonia at Army Hospital in Huntsville, Ala.

The family held a private funeral Oct. 21, 1918, at home followed by a service at St. Joseph's officiated by Father Gilhooley of East Pembroke.

Cochran was buried with military honors at the Catholic Cemetery in Le Roy.

We have a patch by the side of our house where milkweed started popping up and I decided to just let it grow in hope of attracting monarch butterflies.

When I stopped by the house today, there was a single monarch fluttering around (I couldn't get a good enough picture of it actually on the milkweed).

Hopefully, this is a sign of good things to come.

An ambulance is requested to Route 19 and West Bergen Road where a member of local law enforcement has been bit by a raccoon.

The officer informed dispatch that if they receive calls of a gunshot in the area, it was him killing the raccoon.

A dispatcher asked, "you didn't shoot it in the head did you?" 

Officer: "I don't think so."

The raccoon will need to be checked for rabies.

UPDATE 10:53 p.m.: The animal is being transported to the shelter.

Joshua Denise, the 37-year-old Batavia resident who was identified in a U.S. Attorney press release and in a federal search warrant affidavit as an employee of The 420 Emporium appears to be at least co-owner the the store at 400 Ellicott St., according to documents obtained by The Batavian.

While working on a story Monday about how other locations of The 420 Emporium have apparently reopened while the Batavia store remains closed, The Batavian stopped by the location to take pictures of the store and check for signs of activity.

The mail had apparently not been picked up in a couple of days and clearly visible in the mailbox was an envelope with a return address for New York Taxation and Finance addressed Joshua Denise c/o The 420 Store, LLC.

The 420 Store, LLC was filed with the Secretary of State on Feb. 16, 2012.

This is a separate incorporation from The 420 Emporium, Inc., filed Aug. 29, 2011.

The Batavian then issued a FOIL request with the Batavia Fire Department for any fire inspection documents.

Denise signed the inspection notice as "owner/occupant" of the business location.

A FOIL request was also sent to the Genesee County Department of Health for any inspection records. 

Denise is listed on those documents as "co-owner" of "420 Emporium," 400 Ellicott St.

Federal authorities, assisted by local law enforcement, raided the store July 26 as part of a larger operation hitting all five 420 Emporium locations and arrested Denise along with Michelle Condidorio, 30, of Le Roy.

Both Denise and Condidorio were arraigned in federal court that day and charged with possession with intent to distribute, and distribution of, a controlled substance analog.

They are suspected of selling packages of a product that contained alpha-PVP, a chemical that is an analog to MDPV. MDPV became a controlled substance on July 9. The substances are believed to provide an euphoric type high and be addictive. Side effects seem to include paranoia, hallucinations and agitation.

While Denise and Condidorio were not held by authorities following arraignment, the store has not reopened.

Meanwhile, the 420 stores in Brockport, Fulton and Henrietta have, according to sources, reopened.

The Brockport store has advertised job openings at its location on its Facebook page.

Charles Darwin Fitzgerald is listed in DEA documents as well as the incorporation papers as the owner of The 420 Emporium.  His live-in girlfriend, Amber Snover, has proclaimed herself on Facebook as the owner of the stores in Brockport, Rochester, Henrietta and Fulton.

The feds also searched the Fitzgerald/Snover home in Greece, and reportedly recovered a large bag of cash, but neither subject has been charged with a crime so far.

In an inspection of the 420 store in Batavia on May 31, Denise allegedly told a county health worker that his store didn't sell synthetic cannabinoids.

The health technician reported the following items were on sale: herbal incense brands of "Kryptonite" as well as items labeled "Rain of Fire," "Fuzzy Wuzzy," and "Kush 10x."

Kryptonite herbal incense can be found for sale on what appear to be online head shops and there is at least one YouTube video of a person allegedly smoking a substance of the same name.

"Rain of Fire," "Fuzzy Wuzzy," and "Kush 10x" are all reported on at least one Web site as a form of alleged synthetic cannabinoid.

The health technician issued to Denise a notice that day that the state had banned synthetic cannabinoids of all types.

On July 2, the County Health Department also cited the 420 Store for selling tobacco products that were not either behind the counter with only employee access or in a locked case.

Denise didn't contest the citation and paid a $350 fine on July 16.

The business was also found allegedly to be in violation of city fire codes on July 16, such as accumulation of trash in the back room, a hole above the back door that needed to be properly repaired, lack of properly located fire extinguishers, lack of outlet covers and no exit sign above the rear exit.

There's no indication whether these alleged violations were resolved or are still pending.

Following the dedication ceremony at the new Muller Quaker Dairy plant at the Genesee Valley Agri-Business Park, Batavia, Gov. Andrew Cuomo met with local and regional reporters to answer a variety of questions.

WHAM13's Sean Carroll and I both wanted to ask about synthetic drugs.

Carroll asked what action citizens can expect Albany to take on the issue and Cuomo replied, "We’ve taken action. I think we have to take more action. It is a problem that is literally exploding. I have been talking with the legislature and we’re going to be taking further aggressive action in the near future."

Next question, why has New York been unable to pass a bill banning analogs to controlled substances such as Kansas, Colorado and New Jersey, among other states, have done?

Cuomo's first response was, "talk to the Legislature."

He then added, "The Department of Health already issued a ban and I'm working with legislature to get even stricter legislation."

I pointed out that after the health department ban, the bath salt problem in Batavia only got worse. The ban seemed pretty ineffective.

"A ban against sale is a sweeping measure and that’s what this ban is," Cuomo said. "We banned the sale of bath salts. The problem is continuing to grow and I’m working with the legislature on having an even more aggressive piece of legislation, which I hope to have next session."

Would that mean an analog bill?

"I'm working with legislature to get the most aggressive, strictest bill that we can get," Cuomo said.

I then asked him, going after the sale of controlled substances is one approach, but some drug treatment experts suggest more needs to be done on the user abuse side, getting people more aggressively into treatment.

Here's Cuomo's answer: "This nation has fought the sale and use of drugs for generations now, right? You have to attack both sides. You have to try and limit the supply and then you have to limit the user. You have to enforce the laws. It’s public safety. And try to stop the source and supply and we’re trying to both."

A pilot dusting a sweet cornfield off Brooksville Road in Alexander this morning spotted a wire stretched over the field and his attempt to avoid it led to the crash of his plane.

Officials say Louis C. Christie, 48, of Stephentown, was unhurt in the 10:30 a.m. crash.

Christie attempted to avoid the wire by maneuvering quickly to go under it, but his plane bottomed out and a prop was damaged. When Christie attempted to make a turn over trees at the south end of the field, his plane stalled and dropped to the ground.

The fuselage of the plane was largely undamaged and Christie climbed out easily, walked to the roadway and awaited the arrival of emergency personnel.

The plane was a 1974 Piper Pawnee D Spray Plane.

FAA inspectors were called to the scene and the accident is still under investigation by the FAA and the Sheriff's Office.

PepsiCo and Theo Muller officials along with Gov. Andrew Cuomo praised the efforts of local leaders to convince the two international companies to locate their new yogurt plant in Batavia.

The executives, elected officials along with a host of local dignitaries gathered at the new Muller Quaker Dairy plant in the Genesee Valley Agri-Business Park today for a dedication ceremony for the new plant.

Indra Nooyi, CEO of Pepsi, said once it was time to make a decision about the location for the plant, Batavia was an easy choice.

"I must say the Genesee County people and the governor’s office were just amazing in the way they worked with us," Nooyi said. "There was no competition. We love being here. The Genesee County people have to be given a lot of credit, the way they brought the forces of the county together to get everything expedited in such a short time. I think it is a real textbook example of how to attract investment into any community."

Stefan Muller, the CEO of the newly formed Muller Quaker Dairy company, said the day that executives traveled to the Genesee Agri-Business Park, the amount of support Genesee County lined up for the visit was impressive. There were representatives from local government and utility companies making promises on delivery of what Pepsi and Muller would need to build the project.

"I have seen 60 sites that were just locations on a map and I have seen six sites personally, but what we saw here was just outstanding," Muller said. "We were promised to get all of the permissions within weeks and we couldn’t believe it."

Gov. Andrew Cuomo also praised Genesee County officials and said the effort to bring the Muller Quaker plant to Batavia is an example of how New York is open for business.

“We want business in New York," Cuomo said. "Business is the engine that drives the train, providing the jobs, providing the opportunity, providing the career ladder, providing the revenues to local governments. It’s all about making the private sector run and making the private sector run well and government partnering with that private sector. “

Yogurt, Cuomo said, is quickly becoming a big part of New York's economy -- production is up 60 percent in the past few years and there are now 49 yogurt plants in the state. He said the state is committed to ensuring the yogurt industry succeeds.

"We believe in the yogurt story and we’ve invested in the yogurt story," Cuomo said. "It is a big, big business in the State of New York."

He announced an Aug. 15 summit of leaders in the yogurt industry and dairy leaders to help facilitate, he said, the two groups working together to grow the yogurt industry.

"We want this business to do well," Cuomo said. "We want this business to thrive and we want this business to thrive in the State of New York."

Pepsi is committed to growing in the nutritional food categories, and dairy in particular, Nooyi said.

"Dairy products are a $500 billion industry that is expected to grow rapidly in the high single digits," Nooyi said. "We believe that here in the United States the growth potential for dairy is virtually unlimited."

The yogurt market, she said, is "largely untapped." The per-capita consumption of yogurt in the U.S. is half what it is in many other countries."

Muller said the new product is sweeter than what Theo Muller makes in Germany to meet U.S. consumer expectations and Nooyi praised the new yogurt.

"The Muller Quaker Dairy line is going to bring a whole new taste experience to America that’s not like anything that’s available in the country today," Nooyi said. "Try it and you’ll see that it’s more rich than any other yogurt you've tasted.

"It’s creamier. It’s more delicious. It doesn’t have any chalky aftertaste. It's really something you’ll enjoy eating day in and day out, maybe even three or four times a day."

Muller said the online feedback on the new product has been fun to read.

"I read on the Internet, on a blog, one consumer was writing, she tried the product two weeks ago and she is writing it is insanely delicious," Muller said. "This was really, I think, the right comment."

Both chief executives praised their new business partner as the perfect fit for how each company would like to grow.

"I have to say it was good and smart that we took the time because we found the right partner with PepsiCo and the yogurt market is booming," Muller said. "It’s still a very small market compared to other countries and we have products which are very unique and are really outstanding for the American market."

Nooyi said Pepsi has the distribution system to get the new product onto store shelves throughout the United States.

She also said the two companies share a core value in being committed to their local communities.

"One of the reasons this is a great partnership is both companies are committed to growing our businesses and both are committed to growing our local communities," Nooyi said. "When this plant is complete next year, it will be one of the largest yogurt plants in the United States. It’s going to source largely from New York State dairy farmers and other quality suppliers around this great region. The best part is it will create 186 local jobs next year."

(Above, our dog "Pachuco" staring straight ahead. Two other dogs with similar markings are in the background.)

In support of the Genesee County Animal Shelter, Stan's Harley-Davidson and Beds-N-Bones Pet Lodge are sponsoring Hogs for Paws from 10 a.m. to 3 p.m., Aug. 18.

Bring in an item on the wish list (below) or make a donation and receive a free lunch (hot dog, salad, drink).

Dogs and cats can also be microchipped for $30.

Events include obedience training with Canine Academy, K-9 demonstrations, a 50/50 raffle, T-shirt sale an a "pet photo contest."

Wish list items include: Canned and dry cat and dog food, small blankets, and beds, bleach, laundry soap and paper towels and non-clumping cat litter.

Stan's is located at 4425 W. Saile Drive, Batavia.

In an article July 30 about the Toby Keith concert at Darien Lake Performing Arts Center, The Batavian incorrectly stated that concertgoers could walk to the main entrance of the park from property on Sumner Road.

There will be NO pedestrian access at any entrance for the Darien Lake property, including the main entrance, once the new restrictions take effect on Aug. 17.

The following people were arrested Wednesday by the Sheriff’s Department during the WEDG Slipknot/Slayer concert at Darien Lake Performing Arts Center.

David A. Staley, 49, of Shumway Street, Buffalo, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Steven J. Pavone, 27, of West Squire Drive, Rochester, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Richard W. Lee, 23, of North Park Drive, Rochester, is charged with trespass after allegedly climbing a light pole inside the concert venue.

Peter Z. Torok, 51, of Salmon Creek Road, Brockport, is charged with DWI and driving with more than .08 BAC after allegedly driving in the parking lot intoxicated.

The following people were charged with unlawful possession of marijuana:

Jacob C. Berg, 21, of West Morris Street, Bath
Leanne P. Maniscallo, 30, of Point Breeze Street, Angola
Timothy M. Schultz, 31, of Angola Place, Angola
Michael D. Pilger, 40, of Caleb Avenue, Syracuse
Douglas W. Teed II, 30, of Cronk Road, Montour Falls
Gregory M. Crites, 31, of Mitchell Place, Lackawana
Richard A. Bieger, 27, of Longnecker Street, Buffalo

The following people were issued citations for alleged consumtion/possession of alcohol under age 21.

David Z. Custard-Jarosz, 19, of Hopkins Street, South Buffalo (two citations)
Jacob M. Parisi, 19, of Westmar Drive, Rochester
Amanda M. Scheiber, 19, of River Road, Niagara Falls
Timothy M. Zambito, 19, of Ward Road, Sanborn
Chelsea E. Printup, 17, of Poodry Road, Alabama
Joseph M. Nappo, 20, of East Center Road, West Seneca
Ryan J. McMahon, 19, of Towers Blvd. Cheektowaga
John M. Tredd, 20, of Pine Ridge Road, Busti
Chanda L. Germain, 19, of Prospect Street, Portage, Pa.
Tara L. Castle, 19, of Chapin Street, Seneca Falls

Regarding the lower number of underage drinking citations, Deputy Chief Gordon Dibble said Slipknot and Slayer draw a slightly older crowd than say, Toby Keith.

"We still went out looking for violations, we just didn't find too many," Dibble said.

Dibble didn't have the exact attendance figures, but the projected attendance (which the Sheriff's Office uses to guage the size of its enforcement and traffic detail) was 6,500.

CORRECTIONS: County Treasurer Scott German sent along these corrections: The IGT is a federal program, it is a state pass-thru. The amount of the IGT is yet to be determined by the state and the feds. Also, 50% of the IGT amount is paid be Genesee County taxpayers directly, it's a 50% match."

The Genesee County Nursing Home owes $3.2 million to the county's general fund, Treasurer Scott German told the Ways and Means Committee today.

Unless the state does the unexpected and transfers money owed to the nursing home before December, the county will need to seek a temporary loan to make its annual pension fund payment due by the end of the year.

"It's possible (the state payment) could happen this year, but it's doubtful," German said. "It's more likely to happen in the second or third quarter of next year."

The state owes the nursing home about $3.2 million in intergovernment transfer funds, and the county also expects to be paid about $500,000 from the nursing home for the indirect services it provides to help keep the facility operational.

Chairwoman Mary Pat Hancock said she gets a lot of confused questions from constituents about the state of the county's budget, because they read that sales tax is up $540,000 over budget, or the county got more revenue in the tax lien auction than anticipated.

It's situations like this, Hancock said, that put the county in such a dire financial position.

"It’s very hard for our constituents to understand what’s going on," Hancock said. "We should have more money than we do and we have less than anybody thinks."

Hancock added later, "We cling to the good news, but the fact of the matter is this is a crisis, a financial crisis."

The county will need to keep paying the nursing home bills, German said, regardless of how long it takes the state to reimburse the expense.

County legislators OK'd a $1.659 million project to replace the Lyon Street Bridge over the Tonawanda Creek on Wednesday, with a majority of the funding coming from a federal grant.

The resolution passed by the Ways and Means Committee authorizes the county to accept reimbursement for 80 percent of the project, which is scheduled to begin construction in 2015.

The county's share of the project will be $331,800 and be paid for from anticipated sales-tax revenue.

The design phase of the project is expected to cost $95,000. The local share of that expense will be $19,000.

According to New York Bridges Are Falling Down, the steel deck bridge was built in 1910 and is rated at 4.875 (on a scale of 1-7), putting it in the "dangerous" category.

The music industry has apparently found a new source of revenue: taxpayers.

ASCAP (American Society of Composers, Authors and Publishers) is, according to County Attorney Chuck Zambito, asking local governments to sign a licensing agreement for public performances of music and pay an annual fee for the privilege.

The fee varies based on population.

Legislator Ray Cianfrini called the fee "shakedown money" in the Ways and Means Committee on Wednesday.

The committee voted 4-1 (Cianfrini voted no) to sign the agreement and pay ASCAP an annual fee of $637.

The license agreement will protect the county from an ASCAP-initiated lawsuit over any public performances of music on county property, but also limits what the county can allow without additional licenses.

For example, the county can't host a community orchestra or band on its property without paying an additional licensing fee.

The license agreement also requires regular reporting of any events on county property -- such as the Holland Land Office Museum or the nursing home -- where music is played along with a copy of any program that goes with the event. If a band or DJ performs, the county must disclose the performer, provide contact information, and disclose whether the performer is licensed by ASCAP to perform ASCAP-licensed music.

"This is being discussed in every county in the state and most of them are saying they're just going to do it because it's not that much money and they don't want to fight it," Zambito said. "If we don't sign it, they're going to come around and see us."

According to Zambito, local governments that have refused to sign the agreement have already received visits from ASCAP auditors.

The penalty, according to a brochure published by ASCAP, for performing copyrighted music without permission is from $750 to $30,000 per song.

According to the brochure, a public performance of music is:

The Copyright Law defines a public performance as one “in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gath- ered.”

The law requires a license for all public performances, whether from a recording or by a live musician. 

ASCAP is only one licensing agency and doesn't own licensing rights to all of the songs currently under copyright. There's also BMI, for example, and Zambito said so far BMI hasn't started contacting local governments.

The license fee is some formula created by ASCAP, Zambito said, based on population and other factors.

"The bottom line is they just came up with some artificial number just to get money out of you," Zambito said.